Yes, any co-owner can bring a partition lawsuit to ask the court to order a sale of the property. This can be expensive, and it's generally much easier and cheaper for the parties to agree before seeking a partition.
It seems like there's a few issues behind this situation which you haven't addressed here, so it's best that you speak with a local attorney and explain the entire situation.
This does not create and attorney client relationship. As with all legal matters, you should contact an attorney in your jurisdiction who is familiar with the are of law in which you need assistance. You should make contact and seek advise as soon as possible as some claims have time limits and restrictions. Complete and accurate legal guidance cannot be guaranteed without a complete understanding of all aspects of your issue or potential claim.
I agree with Attorney Legrand. There does seem to be some facts that are left unstated. If you can your brother cannot get along, and you want the house, I cannot imagine why you would not WANT to buy him out. He has the right to own and possess the house as a joint owner, just like you. That could make things uncomfortable for both of you. It is far more likely you would be able to buy him out, than to have him buy you out. But if you do not want the house, that might also be an option, if your brother can afford it.
I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration.
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